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Privacy with Ethics Considerations

JD

Joe Dinh

Transcript

Privacy with Ethics Considerations

Joe Dinh / CGMT 582 / Troy Adams / 11 - 08 - 2016

European Union (EU) Data Protection (95/46/EC)

  • Created in 1995
  • Protect privacy and personal information of all EU citizens
  • Seven principles

Improvements

Penalty for Violation

  • General Data Protection Regulation (GDPR)
  • More rigorous requirements
  • Fines increase to 20 million euros or 4% annual income
  • Warning for first non-compliance
  • Penalty can be up to 1 million EUR
  • Or 2% of annual income

Family Educational Rights and Privacy Act (FERPA)

Challenges

  • Becoming too old (over 20 years)
  • Cannot keep up with new technology
  • Losing 100 millions euros from uncaught violations (Bodoni, 2014)
  • Protect privacy of student educational records
  • Few exceptions applied
  • School must notify annually

FERPA Challenges

Suggestion for Improvement

  • Avoid being abused by educational institutes
  • More precise definition of education record versus personal directory information
  • Addendum to Exemptions

On pretext of "student privacy", schools may conceal:

  • Critical public-safety information
  • Ohio school district gun incidents (Bush, 2013)
  • Employee wrongdoing
  • Michigan's late response to sexual assault complaint (Baumgardner, 2014)

Violation of FERPA

  • Students may file complain with U.S Dept of Education.
  • The Family Policy Compliance Office (FPCO) will investigate.
  • If complaint is valid, institution may lose funding.

Topics

  • Family Educational Rights and Privacy Act (FERPA)

  • Health Insurance Portability and Accountability Act (HIPAA)

  • European Union (EU) Data Protection

Health Insurance Portability and Accountability Act (HIPAA)

  • Provides data privacy and safeguarding patient information
  • Was signed in August 1996
  • Has five titles
  • In title II, five requirements

Violation of HIPAA

Suggestion for Improvement

  • Technology revolving in fast-pace
  • HIPAA modifications must catch up

According to HHS website:

  • Violation results in money penalty:
  • $100 per failure to comply to a requirement
  • Not exceeding $25,000 in a year
  • Exceptions apply to specific circumstances

HIPAA Challenges

  • Increase paper work, cost, labor
  • Restriction and misinterpretation
  • Electronic format
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